Bill Text: TX HB3468 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the operation of more than one ambulatory surgical center in a single facility.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-17 - No action taken in committee [HB3468 Detail]
Download: Texas-2019-HB3468-Introduced.html
86R10800 JG-F | ||
By: González of El Paso | H.B. No. 3468 |
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relating to the operation of more than one ambulatory surgical | ||
center in a single facility. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 243.005, Health and Safety Code, is | ||
amended by adding Subsections (g) and (h) to read as follows: | ||
(g) A license issued under this chapter is valid only for | ||
the person who applied for and is named on the license and applies | ||
only to a single facility. The license does not apply to multiple | ||
facilities, buildings, or off-site locations. | ||
(h) The commission may issue a license to more than one | ||
ambulatory surgical center that operates in a single facility only | ||
if: | ||
(1) a separate license is issued for each center; and | ||
(2) each center complies with Section 243.0105. | ||
SECTION 2. Subchapter A, Chapter 243, Health and Safety | ||
Code, is amended by adding Section 243.0105 to read as follows: | ||
Sec. 243.0105. STANDARDS FOR AMBULATORY SURGICAL CENTERS | ||
THAT OPERATE IN SINGLE FACILITY. (a) Each ambulatory surgical | ||
center that operates in a facility in which another center | ||
operates: | ||
(1) must establish days and hours of operation that | ||
differ from each other center operating in the facility; | ||
(2) may not share any part of the facility with: | ||
(A) a hospital; | ||
(B) the outpatient surgery department of a | ||
hospital designated as a critical access hospital by the Centers | ||
for Medicare and Medicaid Services; or | ||
(C) an independent diagnostic testing facility | ||
participating in Medicare; | ||
(3) must maintain a space for records and storage of | ||
surgical supplies and devices, medications, and other items that is | ||
separate from the space for records and storage of each other center | ||
in the facility; | ||
(4) must post in a clear and conspicuous place in the | ||
facility a sign that states: | ||
(A) the name of the center; and | ||
(B) the days and hours of the center's operation; | ||
(5) must develop and implement policies and procedures | ||
separate from each other center operating at the facility; and | ||
(6) must maintain the confidentiality of patient | ||
records by storing the records in a locked location that is separate | ||
from the space for records and storage of each other center in the | ||
facility. | ||
(b) Each Medicare-certified ambulatory surgical center | ||
sharing a facility is liable for a violation of this chapter or a | ||
rule adopted under this chapter occurring at the facility, | ||
regardless of whether only one center is responsible for the | ||
violation. | ||
(c) Ambulatory surgical centers operating in a single | ||
facility may enter into an agreement to share nursing and ancillary | ||
personnel. Each ambulatory surgical center that enters into an | ||
agreement in accordance with this subsection must separately comply | ||
with the personnel utilization requirements. | ||
SECTION 3. The changes in law made by this Act apply only to | ||
a license issued or renewed on or after the effective date of this | ||
Act. | ||
SECTION 4. This Act takes effect September 1, 2019. |